Inadequate Control: International Law and Principles Applicable to Address Nuclear Weapon Security
International law around nuclear weapons is a contentious topic. Nuclear weapons security remains under the sole jurisdiction of nations despite the transboundary consequences of inadequate control. The threats exacerbating inadequate control are real and growing. Drawing on principles of existing international law and principles of customary international law can be helpful in determining appropriate standards for security and response. However, when the most applicable principle may threaten the sovereignty of states, internationalization of yardsticks for prevention of such circumstances is in the international and self-interest of all states.
Security of nuclear weapons cannot remain solely a matter of national discretion given the catastrophic transboundary risks posed by inadequate control. Through analysis of conventional international law, this paper demonstrates that existing legal frameworks can reasonably be interpreted to impose obligations on nuclear-weapon states to maintain effective control over their arsenals. It further shows that patterns of state practice alongside principles of customary international law reinforce the conclusion that states have a duty to prevent conditions that could enable unauthorized use, diversion, or seizure of nuclear weapons. At the same time, the international landscape remains fragmented and insufficient to establish clear, enforceable standards of nuclear weapons security. Because lapses in control can create global risks, the international community has a shared interest in establishing clearer legal yardsticks. Accordingly, this paper calls on states to pursue a comprehensive international framework establishing minimum nuclear security standards and mechanisms for cooperation and assistance, thereby reducing the risk that inadequate control of nuclear weapons becomes the catalyst for catastrophic harm.
Recommended Citation: Chloe Scaglione Radtke, TInadequate Control: International Law and Principles Applicable to Address Nuclear Weapon Security, 49 Fordham Int'l L.J. 1421 (2026).